Tracy Morgan
Actor Tracy Morgan said to be improving following surgery to repair a leg broken in Saturday's crash. Reuters/Mario Anzuoni

NEW BRUNSWICK - A Georgia truck driver charged in the New Jersey crash that killed one man and critically injured comedian Tracy Morgan had not slept in more than 24 hours, according to a criminal complaint filed on Monday.

A tractor trailer driven by Kevin Roper, 35, of Jonesboro, Georgia, slammed into a limousine van carring Morgan, known for his television roles on "30 Rock" and "Saturday Night Live," and his associates early on Saturday.

Roper was operating a truck "on the New Jersey Turnpike without having slept in excess of 24 hours," according to the complained filed in Middlesex County Court.

The driver was due to appear in court on Wednesday to face a charge of vehicular homicide and three counts of assault by auto, court documents show.

Morgan and two passengers remained in critical condition two days after the crash.

Roper failed to see traffic slowing in front of him on the turnpike near Cranbury Township, slamming the limo bus carrying Morgan and several other comics and friends after a performance in Delaware, police said.

The impact flipped the Mercedes limo on its roof and caused a chain reaction crash involving four other vehicles.

Comic James McNair, 62, of Peekskill, New York, who performed under the name "Jimmy Mack," died at the scene, said New Jersey State Police spokesman Gregory Williams.

Morgan and three other passengers, comics Ardie Fuqua and Harris Stanton, and Morgan's assistant, Jeff Millea, were injured, Williams said.

Morgan suffered a broken leg, nose and ribs and has undergone surgery at Robert Wood Johnson University Hospital Center in New Brunswick, according to his spokesman, Lewis Kay.

Roper, a Wal-Mart employee who was driving a company truck at the time of the crash, has obtained a lawyer, the company said. Bill Simon, chief executive of Wal-Mart U.S. said they were cooperating with the investigation.